Findings - PZ - 2025 - CPA-2025-04/A-2025-03/RZDA-2025-04/CUP-2025-02/PPUD-2025-02/PP-2025-03 - Evian Subdivision - CPA, annexation, rezone from RUT to R-2-DA-P, conditional use permit, preliminary development plan, and preliminary platBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A COMPREHENSIVE PLAN AMENDMENT,
ANNEXATION, REZONE FROM RUT [ADA COUNTY
DESIGNATION] TO R-2-DA-P [RESIDENTIAL WITH
A DEVELOPMENT AGREEMENT-PUD],
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT
FOR EVIAN SUBDIVISION FOR ROB R. NASH
DECISION:
CASE NUMBER
CPA-2025-04/A-2025-03/RZDA-2025-04/CUP-2025-02/PPUD-2025-02/PP-2025-03
The above -entitled comprehensive plan amendment, annexation, rezone with a development agreement,
conditional use permit, preliminary development plan, and preliminary plat applications came before the
Eagle Planning and Zoning Commission for their recommendation on July 7, 2025, at which time public
testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission,
having heard and taken oral and written testimony, and having duly considered the matter, includes the
following facts and conclusions in support of the decision;
FACTS:
A. PROJECT SUMMARY:
Rob R. Nash, represented by South Beck and Baird, is requesting a comprehensive plan amendment,
annexation and rezone from RUT (Rural Urban Transition — Ada County Designation) to R-2-DA
(Residential with a development agreement - PUD), conditional use permit, preliminary development
plan, and preliminary plat approvals for Evian Subdivision, a 61-lot (50-buildable, 11-common [1-
private street]) residential planned unit development. The 45.88-acre site is generally located north of
Trout Road, approximately 2,100-feet east of South Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 44 N. Palmetto Avenue, Eagle, Idaho at 6:00 PM, on
Wednesday, March 12, 2025, in compliance with the application submittal requirement of Eagle City
Code. The applications for this item were received by the City of Eagle on April 8, 2025. A revised
Natural Features Analysis was received by the City on May 5, 2025. A revised narrative, revised
application checklists, and fencing and pathway exhibits were received by the City on June 4, 2025. A
second revised narrative was received by the City on June 13, 2025. A revised preliminary plat was
received by the City on June 17, 2025. A revised preliminary development plan was received by the
City on June 23, 2025. The owner of the property has consented in writing to the annexation into the
City of Eagle.
C. CONTIGUOUS TO CITY LIMITS:
The subject property is contiguous to Eagle City limits along the eastern property boundary.
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D. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on April 15, 2025 in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the applications for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on June 22, 2025. Notice of this public hearing was
mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on June 20, 2025. The site was posted in accordance with the Eagle City Code
on June 25, 2025
E. HISTORY OF RELEVANT PREVIOUS ACTIONS:
No relevant previous actions associated with this application have been identified.
F. COMPANION APPLICATIONS:
All applications are inclusive herein.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting a development agreement to define and limit the uses and residential
density of the site (as stated in the applicant's narrative dated June 13, 2025, attached hereto).
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Estate Residential
RUT (Rural -Urban
Transition — Ada County
designation)
Single-family dwelling on
an otherwise vacant parcel
Proposed
Neighborhood
Residential
R-2-DA-P (Residential
with a development
agreement — PUD)
Proposed Single -Family
Residential Subdivision
North of site
Floodway
RUT (Rural -Urban
Transition — Ada County
designation)
Boise River
South of site
Estate Residential
R6 (Residential - Ada
County Designation) and
RUT
Mobile Home Parks and
Single -Family Dwellings
East of site
Public/Semi-Public
PS (Public/Semi-Public)
Eagle Island State Park
West of site
Estate Residential
RUT (Rural -Urban
Transition — Ada County
Designation)
Single -Family Dwellings
I. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
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J. SITE DATA:
Total Acreage of Site — 45.88
Total Number of Lots — 61
Residential — 50
Commercial — 0
Industrial — 0
Common — 11
Total Number of Units — 50
Single-family - 50
Single-family attached - 0
Two-family - 0
Multi -family - 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
1.09-dwelling units
g per acre
1.09-dwelling units per
acre maximum (as limited
the development
agreement)
Minimum Lot Size
20,082-square feet
17,000-square feet
Minimum Lot Width
87.9-feet
75-feet
Minimum Street Frontage
75-feet
35-feet
Total Acreage of Common Area
Open Space
11.72-acres
9.18-acres
Percent of Site as Common Area
Open Space
25.54%
20% (minimum)
Except that, according to ECC
Section 9-3-8 (C) the City may
require additional public and/or
private park or open space
facilities in PUDs
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat, date stamped by the City on June 17, 2025, shows three common lots (Lots 1, 2,
and 48, Block 1) located along the frontage of Hatchery Road at the proposed entrance of Evian
Subdivision. Lots 1 and 2, Block 1, located east of the proposed entrance, have a combined area of
approximately 0.86-acres and are proposed to include a mailbox cluster and landscaped open space.
Lot 48, Block 1, located west of the proposed entrance, is approximately 0.81-acres and is proposed
to contain an irrigation pond, sewer lift station, pressurized irrigation pump station, and a storm drain
pond.
Common Area Open Space:
See the preliminary development plan, date stamped by the City on June 23, 2025. Open space
amenities are proposed to include Neighborhood pathways and a pond central to the subdivision,
which the applicant has indicated will be open for activities such as fishing and paddleboarding.
25.5% of the overall site is proposed to be open space.
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than ten feet (10') wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire Department.
On -site Septic System:
No on -site septic systems are proposed for the subdivision. Given that the majority of the site lies
within a Special Flood Hazard Area, the use of septic systems would be inconsistent with best
practices for public health, groundwater protection, and floodplain management, and should not be
permitted.
Preservation of Existing Natural Features:
Wetlands have been preliminarily identified on the property, but a formal delineation has not yet been
completed. Given the site's proximity to the Boise River and its location within the floodplain, these
potential wetlands represent a special area of concern. Until a full delineation is submitted and
reviewed by the City, the extent and regulatory status of these natural features remain uncertain. Any
future development, grading, or drainage modifications will need to avoid or appropriately mitigate
impacts to wetlands in accordance with local, state, and federal regulations.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
L. STREET DESIGN:
Private or Public Streets:
All streets within Evian Subdivision are proposed to be private. The applicant is requesting a waiver
of Eagle City Code Section 9-3-2-1(I), which limits the proportion of lots that may be served by
private streets. The applicant is also requesting approval for a gated entrance at Hatchery Road, which
is the sole vehicular access point to the subdivision.
See the applicant's narrative, date stamped by the City on June 13, 2025, for the applicant's
justification of private roads and gated access.
The applicant is proposing a thirty -two -foot (32') wide private street section with ribbon curbing.
Detached five-foot (5') wide sidewalks and an eight foot (8') wide planter strip are proposed directly
adjacent to the private street.
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See the ACHD staff report, dated May 20, 2025, attached hereto.
Sidewalks:
Detached five foot (5') wide concrete sidewalks are proposed (separated by an eight foot [8'] wide
planter strip). The five foot (5') wide sidewalks and planter strips are located outside of the private
street common lot on both sides of the proposed private streets.
The ACHD report indicates that the portion of Hatchery Road which abuts the site is required to be
improved with a 5-foot (5') wide concrete sidewalk. If the applicant elects to install detached
sidewalks on Hatchery Road, an eight foot (8') wide planter strip is required.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
streets.
Lighting:
Lighting for the proposed private streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior
to the submittal of the final plat. Any modifications made to the lighting shall be completed before the
final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal of a
fmal plat application.
M. ON AND OFF -SITE PEDESTRIAN CIRCULATION:
Pedestrian Walkways:
Pedestrian circulation is proposed to be provided by five-foot (5') wide sidewalks on both sides of all
private streets. In addition, the applicant is proposing six-foot (6') wide
Neighborhood pathways that connect internal amenity areas to the sidewalk network.
On June 19, 2025, the Parks, Pathways, and Recreation Commission recommended that all sidewalks
within Evian Subdivision be designated for public pedestrian access in perpetuity.
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N. PUBLIC USES PROPOSED:
There are no public uses proposed within the subdivision.
On June 19, 2025, the Parks, Pathways, and Recreation Commission recommended that a 10' wide
asphalt Regional Pathway be constructed within Evian Subdivision, extending continuously to both
the eastern and western boundaries of the property. This recommendation was made in recognition of
the site's direct adjacency to Eagle Island State Park and the subdivision's location within a planned
segment of the City's broader greenbelt pathway network.
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The subject property is within the service boundaries of the Eagle Police Department, Eagle Fire
Department, and the Eagle Sewer District. The site is located within a water service boundary that
may potentially be served by either the City of Eagle Water Department or Veolia Water, depending
on service area coordination and infrastructure feasibility. The applicant has expressed an intent to
pursue water service through Veolia Water.
Regarding central sewer service, the property has not yet been annexed into the Eagle Sewer District,
and public sewer infrastructure is not presently available in the immediate vicinity. However, the area
is identified in the Eagle Sewer District Master Plan as a future service area. According to
correspondence received from the Eagle Sewer District on April 15, 2025, the applicant has initiated
coordination with the District to define the design and location of a new lift station that would be
required to serve the development. The applicant has also reached a preliminary agreement with the
property owner at 4171 Old Valley Road, north of the Boise River, to provide a sewer easement,
which may be executed upon project approval. Further coordination will be necessary to finalize
annexation into the Sewer District and to confirm long-term service availability.
P. SPECIAL ON -SITE FEATURES (Based on the Natural Features Analysis Report for Evian
Subdivision, date stamped by the City on May 5, 2025 — attached to the staff report):
Areas of Critical Environmental Concern — yes; 100-year floodplain and wetlands
Evidence of Erosion — no
Fish Habitat — no
Floodplain — AE Zone (FIRM Panel #16001C0134J) covers the northern 40 +/- acres of the subject
property
Mature Trees — yes; adjacent to the northern property line, within the wetland areas, and in proximity
to Hatchery Road
Riparian Vegetation — yes; riparian trees and vegetation associated with the Boise River
Steep Slopes — no
Stream/Creek — yes; ponds which appear to be hydraulically connected to the north channel of the
Boise River are located within Lots 8, 10, 11, 40, and 42, Block 1
Unique Animal Life — none identified
Unique Plant Life — none identified
Unstable Soils — none identified
Wildlife Habitat — yes; 20 avian species were determined to possibly be impacted by the project, as
well as two insect species and one plant species (see Natural Features Analysis for specific species
information)
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Q.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (The following excerpts
were taken from the Natural Features Analysis Report for Evian Subdivision, date stamped by the
City on May 5, 2025):
3.5.3 I Likely Wetlands and Waters of the United States (WOTUS)
Likely wetlands and Waters of the United States (WOTUS) were identified during field surveys of the
project, which occurred on February 20, 2025, and March 11, 2025 (Figure 11). In addition, 2019
Lower Boise River Earth LiDAR data was utilized with mapping efforts of likely wetlands and
WOTUS. Wetlands are generally defined as those areas that support plant species adapted to
growing in soils saturated by surface water or groundwater near the surface. Figure 11 shows the
results of our preliminary wetlands and WOTUS mapping in the Evian Subdivision Project. Based on
our professional judgement, we believe that there are 3.8 acres of areas that are clear wetlands, that
there are 0.3 acres of areas that are probably wetlands, that there are 2.4 acres of areas that are
likely wetlands, and that there are 2.5 acres of areas that are possible wetlands. (Table 2)
4 I Summary of Impacts on Natural Features
The proposed development would result in the conversion of historic pastureland and excavated
ponds into a residential subdivision in a lower -lying area adjacent to the north channel of the Boise
River. The extent to which the ponds and wetlands will be preserved or relocated is not clear at this
point in the planning process.
No sensitive plant or wildlife species were determined to utilize the project upon review of Idaho
Department of Fish and Game IFWIS data. According to the USFWS' Information and Planning
Center (IPaC), 20 avian species were determined to possibly be impacted by the project, as well as
two insect species and one plant species. Upon review of the project plans and preliminary wetland
mapping results, it appears that the project will impact 6.5 acres of clear, probable, or likely
wetlands. (Table 2)
Much of the project has been heavily grazed by cattle and as a result there is a proliferation of
nonnative, weedy plant species throughout the site. Much of the area is devoid of vegetation much of
the year due to the impacts of cattle. Such conditions do not provide suitable habitat for the multitude
of wildlife species that might otherwise use the project. However, the open space and ponds present
in the project were found to support the numerous avian species during a site visit to the project on
March 11, 2025. Much of the project is surrounded by in -tact riparian trees and shrubs associated
with preserved habitats along the Boise River that likely contributes to the number of birds seen
during the March 2025 site visit to the project. The future subdivision is likely to contain as much
open water due to the construction of additional ponds, and more woody species suitable for
passerines, as landscaping plantings will contain trees and shrubs not currently on -site.
Table 2. Likely Wetlands and Waters of the United States
Type
Description
Acres
Clear Wetland
>90% chance of wetland
3.8
Probable Wetland
60-90% chance of wetland
0.3
Likely Wetland
40-60% chance of wetland
2.4
Possible Wetland
<40% chance of wetland
2.5
Total
9.0
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R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has not proposed a phasing plan with this application.
S. EAGLE CITY CODE FINDINGS FOR A CONDITIONAL USE PERMIT, PLANNED UNIT
DEVELOPMENT, AND PRELIMINARY DEVELOPMENT PLAN:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In case of large - scale PUDs (incorporating eleven [11] or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
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For a request of up to 10% of the gross land area to be directed to uses other than residential
(No such request was included as part of this application):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
T. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report:
City Engineer: All comments within the engineer's letter dated July 1, 2025, are of special concern.
Ada County Highway District
Boise River Flood Control District 10
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Hart -Davis Ditch Company
Idaho Transportation Department
U. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION:
All comments within the City's action report dated June 20, 2025 are of special concern, attached to
the staff report.
V. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FACTS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Estate Residential
A single family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and
roadway capacity.
Neighborhood (Proposed Comprehensive Plan Designation)
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
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CHAPTER 6: LAND USE
6.4.3 General Land Use Implementation Strategies
X. Require design treatments to provide compatibility of new development with existing
development by considering such issues as transitional lot sizing, building orientation,
increased setbacks, height limitations, size restrictions, design requirements, fencing,
landscaping or other methods as determined through the development review process.
6.9 Eagle Island Planning Area
The Eagle Island Planning Area is designated for open space, recreation, and limited
residential. This area should contain trails, open space, and parks in conjunction with limited
residential densities of up to 1 unit per 1-2 acres. The visioning for this area is to complete a
pathway and recreation connection across Eagle Island while allowing residential uses that
are sensitive to and set back from critical habitat, wetlands, and Boise River Flood areas. The
following land use and development policies are specific to the Eagle Island Planning Area.
6.9.1 Eagle Island Land Uses
B. Due to the sensitive nature of the planning area and the limited availability of utilities and
sanitation services, residential uses should be limited to large lot residential (1-2 acre
lots) and/or clustered residential lots at the same overall density to preserve areas of
special concern.
C. A pathway and trails network should be encouraged to provide pedestrians/bicycle access
along the Boise River corridor connecting the City to the State Park and beyond.
D. Flood control and sportsman's access to the Boise River should be planned for and
formalized during the development approval process to limit the impacts of informal
access on sensitive habitat, wetland, and floodway areas.
E. Wetlands, habitat, and floodway issues are of great concern in the Eagle Island Planning
Area. Unique land uses such as Eagle Island State Park and the Idaho Fish and Game
Fish Hatchery provide an opportunity to educate the public on the important functions of
the Boise River including habitat, wetlands, and water quality.
6.9.2 Eagle Island Access and Connectivity
A. The primary access to the Eagle Island Planning Area is from Linder Road, Mace Road
via Eagle Road, and the access into Eagle Island State Park at Eagle Island Parkway via
State Highway 44.
B. Linder Road is identified as a major mobility corridor. Due to the limited number of river
crossings, Linder Road will continue to be an important arterial roadway within the City
and region. Access to Linder Road should be consolidated to help limit the impacts to the
Linder Road and the river crossing.
D. A pathway and trails network should be encouraged to provide pedestrian access along
the Boise River corridor and along the interior of the Island from Eagle Road to Eagle
Island State Park. Eagle Island State Park should be a trail hub providing access from all
directions.
E. Special attention should be given to bike and pedestrians crossing of the State Highway
and arterial system into the park. The City should work with ITD, ACHD, and Idaho
Parks and Recreation to ensure that signalized crossings are provided.
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6.9.3 Eagle Island Design
A. This area should be recognized as a recreation and open space hub within the City. The
design of the area should focus on pedestrian and bicycle accessibility.
B. The area should be developed with recognition of the sensitivity of the island and the
opportunity to implement management practices in storm water, reuse, conservation, and
environmental design, and education.
C. Design of lots and homes sites should take into consideration the scenic, wildlife, and
river corridor, and provide sufficient setback and buffering to accommodate the sensitive
habitat and floodway areas.
D. The integration of lot sizes should be seamless with continuity of street design, open
space, trails, and housing throughout the area.
6.9.4 Issues of Concern
A. The focus for the City should be balancing and protecting the interests of the public
ownership, recreational access, private land owners, and the environmentally sensitive
areas (wetlands, habitat, and floodway) located on the island.
B. With a large state park and thousands of annual visitors, the City should work with IP&R
to ensure that the park and surrounding areas are not loved to death. The City should
review options that ensure the preservation and enhancement of the sensitive areas by
promoting wetlands banking, habitat restoration, and conservation easements instead of
"active" open space.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and lot split applications submitted after the
effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E).
Whenever there is a conflict or difference between the provisions of this section and those of
other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail.
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was
approved by the city as a planned unit development. Density transfers may have been permitted
as a part of the overall development.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by
the city with a development agreement. Specific provisions, as may have been incorporated
within the development agreement, are applicable to development within this zoning designation.
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• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning
District
Minimum Yard Setbacks
Note Conditions A To E* Maximum Minimum Lot
Lot Area Minimum
Maximum Front Rear Interior Street Covered F (Square Feet) H* Lot
Height Side Side And J* Width I*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
B. Additional 5 feet per story side setback is required for multi -story structures. Height not to
exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
B. Fences:
1. In any front yard area, no fence or wall shall be permitted which materially impedes
vision across such yard above the height of two and one-half feet (21/2') measured from
the centerline grade of the adjacent street. Picket style fences where fifty percent (50%)
of the fence remains open may be permitted up to four feet (4') in height. Chainlink
fencing is prohibited in any front yard area.
2. Fencing located adjacent to any street identified as a collector or arterial on the
transportation and pathway network plan in the Eagle comprehensive plan, and on the
street side of all corner lots, shall be an open fencing style such as wrought iron or other
similar see through, decorative, durable fencing material, except as otherwise may be
permitted in subsection 8-2A-7J of this title.
3. Chainlink fencing is prohibited in the R (Residential) Zoning District.
4. A permit is required prior to the construction of a fence in any front yard area and along
any street within the City subject to the application requirements established in section 8-
7-2 of this title.
• Eagle City Code Section 8-6-1: Purpose, Goals and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle comprehensive
plan. The standards will be designed to create livable communities that
provide exemplary open spaces and recreational opportunities, that encourage a
diversification of housing types, styles and living options for a wide range of income levels
and lifestyles, and thereby enhance the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing, open space and the diversification of housing types.
C. Objective: To guide land development and construction through the planned unit
development (PUD) to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and building
types, lot dimensions, yards, building setbacks and area requirements;
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2. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, office uses and
services;
3. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation, and prevents the disruption of natural
drainage patterns;
4. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
• A development pattern in harmony with the objective for land use density, transportation and
community facilities as presented in the comprehensive plan. (Ord. 566, 5-15-2007)
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may
be allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any '[offsetting increase" being added, shall be the area that is
equal to ten percent (10%) of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent (20%),
inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
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• Eagle City Code Section 8-7-3-5: Conditional Use Permit:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
• Eagle City Code Section 8-7-5(D): General Procedure for Amendments: Zoning districts shall be
amended in the following manner:
4. If the request is not in accordance with the Comprehensive Plan, the request shall be
submitted to the planning or planning and zoning commission, or in its absence, the council,
which shall recommend, and the council may adopt or reject an amendment to the comprehensive
plan, under the notice and hearing procedures in section 67-6509, Idaho Code. After the
comprehensive plan has been amended, this title may then be amended as hereinafter provided
for.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
Eagle City Code Section 9-3-2-5: Private Streets and Private Alleys:
Private streets and private alleys may be permitted, in the discretion of the council, subject to the
following:
A. Compliance: The council must find that any proposed private streets or private alleys are in
compliance with each of the following criteria:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets and or private alleys will serve to enhance the overall development.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking are provided.
3. Adequate access for service and emergency vehicles is provided.
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
5. Adjacent property will not be landlocked by the site layout.
6. Other than to provide emergency access, the private streets, or private alleys, do not
connect one public street to another, thereby encouraging travel through the development
served by the private street; provided, however, that in order to provide secondary access,
a private street may have more than one connection to a public street and/or may be
connected to more than one public street if access thereto is controlled by automatic gates
or other control devices approved by the council.
7. The use or alignment of the private streets or alleys do not interfere with the continuity of
public streets.
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8. An appropriate mechanism has been established for the repair and maintenance of the
private streets and private alleys, including provisions for the funding thereof.
9. Private streets and private alleys are only permitted within a planned unit development
and are limited to providing access to no more than ten percent (10%) of the lots, except
that private streets and private alleys may serve all single family attached dwelling lots.
B. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
1. All private street and private alley construction shall be in accordance with Ada County
highway district's structural standards for streets and alleys including base course and
asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be
recommended by the city engineer and approved by the city council, and shall further be
in accordance with Ada County highway district's intersection design and drainage
requirements, or as may be recommended by the city engineer and approved by the city
council.
2. Except as may be otherwise set forth in this section, private streets and private alleys
shall meet such design and dimensional requirements as the council may determine are
appropriate considering the proposed use and the site upon which the private streets are to
be placed, however, all private streets shall contain paved travel lanes a minimum of
twelve feet (12') in width and private alleys shall contain paved travel lanes a minimum
of ten feet (10') in width and shall provide for the safe, convenient, and effective
movement of both vehicular and pedestrian traffic for private streets and vehicle traffic
for private alleys. Vertical curbing shall be provided for private streets that are less than
thirty-four feet (34') in total width. Alleys must utilize other curb types.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
However, alternative sidewalk and landscape strip designs may be approved by the City
Council based upon a finding made by the Council that characteristics and qualities of the
development justify the alternate design. Sidewalks and planter strips, as referenced
within subsection 9-4-1-6F of this title, shall not be required along alleys.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but not
limited to, designated parking and "no parking" areas, speed, stop, and such other signs as
are required for safe pedestrian and vehicle travel.
5. All private streets and private alleys shall, during the progress of construction, be
inspected and tested, at the expense of the owner or developer, by a qualified inspector in
order to ensure compliance with the construction and design standards set forth in this
section, the construction drawings as prepared by the registered professional engineer,
and good engineering and construction practices. Reports of such inspections and tests
shall be submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All dead end private streets and private alleys shall terminate at one of the following
approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer; or
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c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
d. Private streets and private alleys not exceeding 150-feet may terminate with no turn-
around if approved by the Eagle Fire District.
7. The design of all private streets and private alleys and related storm drainage facilities
shall be prepared by a licensed professional engineer in the state in substantial
conformance with engineering and design standards in effect at the time of preparation of
the design. Construction drawings, together with a certification of such conformity, shall
be submitted for the review and approval by the city engineer. No part of this section
shall be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of the private street and private
alley and drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of private streets and private alleys shall be clearly depicted on the face of
the plat and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
streets or private alleys the perpetual right of ingress and egress over the described
private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private streets or private
alleys cannot be modified and the homeowners'/property owners' association or other
entity cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private streets or private alleys
shall be recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private streets or private alleys in
accordance with the approved plan as provided for in subsection Cl of this section. Said
restrictive covenant shall also provide that the said covenant shall run with the land and
that the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city.
The said restrictive covenant shall be reviewed and approved by the city attorney prior to
certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private streets or private alleys approved in
accordance with the provisions of this section to undertake such repair and maintenance
activities as it may determine is necessary to protect the public health, safety, or welfare
and make such expenditures from the funds reserved therefor as may be required thereby;
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and the owner or responsible entity shall, as a condition of approval of any such private
street, be deemed to have agreed to comply with any such order and to reimburse the city
all of its costs, including attorney fees, incurred in obtaining or enforcing any such order.
Any order entered by the council pursuant to this subsection may be enforced by a court
of competent jurisdiction and the city shall be entitled to recover its costs and attorney
fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets and private alleys shall, in all
respects, conform to all applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets or private alleys have been determined to be an integral
element of the overall plan and scheme of the development or will serve to enhance the
overall development; provided, however, that any such waiver shall not be injurious to public
health or safety.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common destinations
such as schools, parks, shopping centers, etc. The following factors will be considered in the
placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the comprehensive plan and trails and pathways master plan
pathway design as it relates to both crime prevention and function, and the responsibilities of
ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases where it
is shown to be inappropriate), that provide access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the comprehensive plan trails and pathways master
plan;
d. Neighborhoods;
e. Shopping areas;
f. Public lands;
g. Transportation or other community facilities, and vacant parcels, held either publicly
or privately which could provide future neighborhood connection(s) to the above
noted sites; and
h. In similar cases where deemed appropriate.
2. In addition, pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination, or
b. When the pedestrian/cyclist would otherwise have to travel a distance of more than
one-half (1/2) mile alongside a local or collector roadway in order to reach the
desired destination.
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• Eagle City Code Section 9-5-4: Planned Unit Development Subdivisions:
A planned unit development is a mechanism by which the City may permit a variety in type,
design, and arrangement of structures; and enable the coordination of project characteristics with
features of a particular site in a manner consistent with the public health, safety and welfare. A
planned unit development allows for innovations and special features in site development,
including the location of structures, conservation of natural land features, conservation of energy
and efficient utilization of open space. Large scale developments as defined herein shall be
submitted as planned unit developments.
• Eagle City Code Section 9-5-7: Subdivision within a Floodplain:
In addition to the provisions of this title, any subdivision within the designated floodplain of the
City shall comply with all applicable provisions of the floodplain regulations of the City as now
in effect or as may hereafter be amended.
• Eagle City Code Section 9-5-8: Subdivision within an Area of Critical Concern:
B. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be designated as
areas of critical concern by the city council or by the state of Idaho. Special consideration
shall be given to any proposed development within an area of critical concern to assure that
the development is necessary and desirable and in the public interest in view of the existing
unique conditions. Hazardous or unique areas that may be designated as areas of critical
concern are as follows:
1. Earthquake location;
2. Unstable soils;
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
6. Historical significance;
7. Floodplain;
8. Center city;
9. Areas within the area of city impact 1 , but outside city boundaries; and
10. Other areas of critical concern.
B. Environmental Assessment Plan: The developer shall prepare and submit an environmental
assessment along with the preliminary plat application for any development that is proposed
within an area of critical concern.
The contents of the environmental assessment shall be prepared by an interdisciplinary team
of professionals that shall provide answers to the following questions:
1. What changes will occur to the area of environmental concern as a result of the proposed
development?
2. What corrective action or alternative development plans could occur so as not to
significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the environment
including, but not limited to, animal life, plant life, social concerns, economic, noise,
visual, available farmland and other?
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C. Areas Of Critical Concern: The following areas are specifically identified as areas of critical
concern:
1. Boise River Floodplain: The Boise River floodplain and certain intervening and
immediately adjacent areas are designated as areas of critical concern due to their
ecological and scenic significance. This area comprises the two (2) channels of the Boise
River and intervening and immediately adjacent areas, as depicted on the land use
designation map of the most recently adopted comprehensive plan, as a "special area",
including that portion in the Eagle impact area.
D. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 10-1-2: Objectives and Methods of Reducing Flood Losses:
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in flood heights, velocities, or
erosion;
B. Requiring that development which is vulnerable to floods, including structures and facilities
necessary for the general health, safety, and welfare of citizens, be protected against flood
damage at the time of initial construction;
C. Preserve and restore natural floodplains, stream channels and natural protective barriers
which help accommodate or channel floodwaters;
D. Control filling, grading, dredging and other development which may increase flood damage
or erosion; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas.
• Eagle City Code Section 10-1-4: Compliance with Provisions:
No structure or land shall hereafter be constructed, located, extended, converted, developed, or
altered without full compliance with the terms of this chapter and other applicable regulations.
• Eagle City Code Section 10-1-5: Rules and Definitions:
BASE FLOOD ELEVATION (BFE): A determination by the federal insurance administrator of
the water surface elevations of the base flood, that is, the flood level that has a one percent (1 %)
or greater chance of occurrence in any given year. When the BFE has not been provided in a
special flood hazard area, it may be obtained from engineering studies available from a federal,
state, or other source using FEMA-approved engineering methodologies. This elevation, when
combined with the freeboard, establishes the flood protection elevation.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all
sides.
CRAWL SPACE: The area of a house or structure between the lowest finish floor and the bottom
of the foundation excavation enclosed by continuous foundation walls.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but
not limited to, the construction of buildings or other structures, mining, dredging, filling, grading,
paving, excavation, or drilling operations, or storage of equipment or materials.
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DEVELOPMENT ACTIVITY: Any activity defined as development which will necessitate a
floodplain development permit; such as: the construction of buildings, structures, or accessory
structures; additions or substantial improvements to existing structures; bulkheads, retaining
walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of
materials; the construction or elevation of dikes, berms and levees.
FINISHED FLOOR: The finished floor is the first habitable walking surface referenced in the
elevation certificate (FEMA form 81-31 sections C2a and C2b) as the top of the next highest floor
or the top of a slab on grade floor.
FLOOD PROTECTION ELEVATION (FPE): The base flood elevation plus the freeboard.
A. In special flood hazard areas where base flood elevations (BFEs) have been determined, this
elevation shall be the BFE plus two feet (2') of freeboard
FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot (1').
LETTER OF MAP CHANGE (LOMC): An official FEMA determination, by letter, to amend or
revise effective flood insurance rate maps, flood boundary and floodway maps, and flood
insurance studies. LOMCs are issued in the following categories:
C. LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the
special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on
the placement of fill outside the existing regulatory floodway. The LOMR-F does not change
the FIRM, FBFM, or FIS report.
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width
measured landward from the mean high water mark.
• Eagle City Code Section 10-1-8-6: Specific Standards
In all cases of special flood hazards where the base flood elevation (BFE) data has been provided
as set forth in section 10-1-6 of this chapter, the provisions of this section shall be required:
A. Residential Construction:
1. Connection to a central sewage treatment system shall be required. This requirement may
be waived by the City Council if the Central District Health Department recommends
approval of an alternate method of sewage treatment and disposal. Residential
development within the floodplain may be clustered (through approval of a PUD) to
facilitate the economics of the sewage infrastructure.
2. New construction and substantial improvement of any residential structure (including
manufactured homes) shall have a finish floor elevated no lower than the flood protection
elevation, as defined in section 10-1-5, and the lowest floor, including basement and
crawl space, shall be elevated to a minimum of one foot (1') above the base flood
elevation.
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3. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or
shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
a. A minimum of two (2) openings on different sides having a total net area of not less
than one square inch for every square foot of enclosed area subject to flooding shall
be provided.
b. The total net area of all flood openings must be at least one (1) square inch for each
square foot of enclosed area subject to flooding.
c. If a building has more than one (1) enclosed area, each enclosed area must have flood
openings to allow floodwaters to automatically enter and exit.
d. The bottom of all required flood openings shall be no higher than one foot (1') above
the interior or exterior adjacent grade.
e. Flood openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
f. Enclosures made of flexible skirting are not considered enclosures for regulatory
purposes, and, therefore, do not require flood openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and requires
flood openings as outlined above.
E. DISCUSSION:
• The applicant has submitted a request to amend the Comprehensive Plan Land Use Map to
redesignate the subject property from "Estate Residential" to "Neighborhood" in support of a
concurrent request to rezone the site to R-2-DA (Residential with Development Agreement). The
"Estate Residential" designation is intended to function as a transitional land use between
agricultural and urban development, with densities ranging from 1 unit per 5 acres to 1 unit per 2
acres and encourages small-scale agriculture and horticulture. This designation also anticipates
that development intensity may be limited due to infrastructure and roadway constraints.
The "Neighborhood" designation, by contrast, is intended to support more conventional single-
family residential development with densities ranging from 2 to 4 dwelling units per acre (du/ac).
The applicant's narrative, dated June 13, 2025, emphasizes that the requested zoning designation
of R-2-DA allows flexibility to respond to site constraints while implementing design objectives
that support the Comprehensive Plan's goals for connectivity, open space, and housing diversity.
However, the actual proposed density of the project —based on 50 buildable lots over 45.88
acres —calculates to approximately 1.09-du/ac. This falls below the lowest density range of 2-
du/ac associated with the "Neighborhood" land use designation and instead aligns more closely
with the City's "Large Lot Residential" designation, which applies to development densities of
1-unit per acre to 1-unit per 2 acres. The requested Comprehensive Plan land use designation is
unnecessary because it supposes a higher density than what is being proposed.
In addition, the subject property is located within the Eagle Island Planning Area, which is guided
by a distinct set of policies that emphasize low -density residential development, integrated open
space and recreational amenities, and protection of critical environmental features such as
wetlands, wildlife habitat, and floodplain areas. While the applicant has proposed preserved open
space areas in response to these constraints, the proposed "Neighborhood" designation does not
reflect the long-term land use intent for this area as expressed in the Comprehensive Plan.
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Staff acknowledges that the applicant has articulated several project -specific justifications for the
amendment; however, the proposed land use designation appears to exceed the density and
intensity envisioned for this area without fully achieving the density threshold associated with the
requested designation. Any consideration of this amendment should weigh whether the proposed
density and layout meaningfully advance the City's goals for the area and whether the site can or
should accommodate such density, given its location within the floodplain and the presence of
sensitive environmental features, including wetlands and potential critical habitat areas along the
Boise River. Furthermore, a different land use designation —such as Large Lot Residential —more
accurately reflects the proposed development pattern and the policies applicable to the Eagle
Island Planning Area.
• Regarding private streets, the applicant is requesting a waiver from Eagle City Code Section
9-3-2-1(1), which limits the number of residential lots that may be served by private streets within
a Planned Unit Development (PUD) to no more than ten percent (10%) of the total lot count. As
proposed, 100% of the lots within the subdivision would be served by a private street network.
• The applicant is also requesting approval for a private gated entry at Hatchery Road, which is the
sole vehicular access point to the subdivision. Pursuant to Eagle City Code, private gated access to
residential subdivisions must be specifically approved by City Council. If gated access is approved
with this application, the final design and configuration of the gate should be reviewed and
approved by the Design Review Board and City Council prior to submittal of a final development
plan and final plat application.
Gated private streets may present operational challenges for routine services such as trash
collection, mail delivery, utility maintenance, and parcel delivery. The applicant has not submitted
documentation confirming that service providers — namely Hardin Sanitation and the US Postal
Service — have reviewed the access plan and verified that their operational needs can be met. If the
gated concept is approved, to avoid future access conflicts and ensure continuity of essential
services, the applicant should obtain written confirmation from all applicable service providers
(specifically Hardin Sanitation and the US Postal Service, at minimum), verifying that the
proposed private street and gated access configuration are acceptable for the agencies' operational
needs.
• The applicant is proposing a thirty-two foot (32') wide private street section to serve all residential
lots within the subdivision. Pursuant to Eagle City Code Section 9-3-2-1(B)(2), private streets are
required to include vertical curbing when the total width of the street section is less than thirty-four
feet (34'). As proposed, the street section does not include vertical curbing.
While the applicant's design meets the required travel lane width, the absence of vertical curbing
on a 32-foot wide street is a deviation from the standard design criteria. However, Eagle City Code
Section 9-3-2-1(E) grants the City Council discretion to approve alternative private street
configurations based on the specific use and site context, provided that the design ensures safe,
convenient, and effective movement of vehicular and pedestrian traffic.
If the City Council finds that this deviation from private street standards is appropriate, a waiver of
Eagle City Code Section 9-3-2-1(B) should be granted with this application, and the design of the
private streets within Evian Subdivision should be acceptable as proposed.
• Sewer service is not currently available to the subject property and the site is not annexed into the
Eagle Sewer District. The subdivision lies within a future service area identified in the Eagle Sewer
District's Master Plan, but public sewer infrastructure must be extended to serve the development.
At this time, the applicant has initiated coordination with the Sewer District and has engaged in
preliminary discussions with the owner of 4171 Old Valley Road, located directly north of the
subject site and the adjacent Boise River, regarding a potential sewer easement to facilitate service.
Due to the lack of existing sewer infrastructure on or adjacent to the site, it is likely that a sewer
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easement across one of more off -site properties will be required to establish service connectivity.
While the City does not require that sewer access be obtained from or through a specific location, the
route through 4171 Old Valley Road appears to be the most accessible location based on the
applicant's preliminary discussions with Eagle Sewer and adjacent property owners, current site
constraints, and proximity to existing infrastructure. A recorded sewer easement and confirmation of
service capacity should be required prior to submittal of a final development plan and final plat
application.
• Boise River Flood Control District #10 (FCD10) has requested that access to the Boise River be
maintained for the purposes of flood control inspection, maintenance, and emergency response. In an
email dated April 28, 2025, FCD10 staff indicated that large equipment such as tracked excavators
and haul trucks are commonly used for flood management projects and debris removal operations,
and that continued physical access to the riverbank is essential for their work. The District expressed
concern that without a dedicated access route, future development — particularly fencing,
landscaping, or private encroachments — could obstruct necessary access to riparian areas and impair
flood response capabilities.
The District has noted that shared -use corridors with pedestrian pathways may be compatible with
their access needs. FCD10 does not require exclusive access and is open to solutions that serve both
recreational and operational purposes. Although it is not the City's request to define the location or
dimensions of such access, it is in the City's interest to ensure that flood management agencies retain
the ability to maintain and respond to conditions along the river corridor. The applicant should
coordinate directly with FCD10 to identify an acceptable access location and provide written
confirmation from the District that their access requirements have been met prior to submittal of a
final development plan and final plat application.
• The proposed development is located predominately within the Special Flood Hazard Area (SFHA).
The design of the subdivision, as currently proposed, raises substantial concerns regarding
compliance with the City's floodplain management standards (Eagle City Code Title 10).
Approximately 60% of the site — and 80% of the proposed buildable lots — are located within the
floodplain associated with the north channel of the Boise River. The compensatory storage
calculations submitted by the applicant indicate that partial lot fill is proposed for future pad
elevations without full lot elevation or unified drainage design. This introduces uncertain conditions
related to compensatory flood storage, the functionality of inter -lot drainage, and the feasibility of
future development under floodplain standards. At this stage of review, insufficient information has
been provided to confirm whether the proposed design will fully comply with applicable floodplain
regulations, including the demonstration of no net loss of flood storage (also referred to as
compensatory storage). While the design concept may ultimately prove to be feasible, the ability to
achieve the required compensatory storage volumes — given existing topography, hydrology, and site
constraints — remains uncertain. Because of the number of variables and site -specific constraints, the
current design cannot be confirmed as compliant with the City's floodplain development standards,
particularly to those related to no adverse impact, cumulative fill limitations, and minimum finished
floor elevation requirements (Eagle City Code Section 10-1-8-6). Staff strongly advises that, should
the preliminary plat be approved, it must be conditioned in a manner that ensures strict adherence to
all Title 10 requirements, and preserves the City's authority to withhold final plat approval if those
standards are not conclusively demonstrated through final engineered plans.
As such, staff has identified this as a critical issue that warrants heightened scrutiny during the
review of future final plat submittal(s). If the preliminary plat is approved, subsequent engineering
and grading plans must clearly demonstrate compliance with all floodplain development standards,
and any deviations from current assumptions may necessitate significant design modifications. Final
engineering and grading plans should clearly show that no net loss of flood storage will occur as a
result of the proposed development. If the required compensatory storage cannot be achieved as
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proposed, revised design measures should be required to ensure full compliance. No final plat
approval or site development permit should be granted until these standards are met to the
satisfaction of the City Engineer and Floodplain Administrator, based on the requirements of Eagle
City Code Title 10. If substantial modifications to the site layout are proposed in response to
engineering constraints or permitting limitations, the applicant will be required to submit an
application for a formal modification to the preliminary development plan and preliminary plat to be
reviewed and approved by the City Council, in accordance with Eagle City Code.
• The applicant is pursuing a floodplain development permit that will authorize grading and
construction of elevated building pads for each buildable lot; however, the permit will apply only
to the specific portions of each lot that are raised above base flood elevation. The remainder of
each lot — outside the permitted building pad — will remain within the Special Flood Hazard Area
(SFHA) and subject to all applicable floodplain development regulations under Eagle City Code
Title 10. As a result, while home construction would be permitted to proceed based on the
subdivision -level permit, any future improvements beyond the elevated pad — such as building
additions, detached structures, or grading — would require a separate individual floodplain
development permit.
This approach does not establish lot -wide compliance and introduces limitations that may not be
readily apparent to future property owners. The current grading concept results in partial
inundation of buildable lots, with low points and undeveloped areas remaining within the SFHA.
Each subsequent permit application would need to demonstrate compliance with all applicable
floodplain standards, including minimum finished floor elevation, flood -resistant construction,
compensatory storage, and drainage compatibility. The City cannot guarantee that future permits
will be approved without design modifications and staff has concerns about the long-term
regulatory and administrative burden this approach may place on both the City and individual
property owners. Accordingly, to ensure regulatory clarity and to avoid future misinterpretation of
development potential, the final plat should include clear delineation of both the area elevated out
of the SFHA and the remaining portions of each lot that will continue to require separate
floodplain development permits for any future improvements.
• The proposed site contains multiple areas with potential wetlands, and no official delineations
have been submitted to date. A preliminary analysis, prepared by Ecosystem Sciences (dated
March 14, 2025), identifies several areas classified as "clear," "probable", or "likely" wetlands,
based on LIDAR, historical imagery, field observations, and professional judgement. Any area that
is formally identified as wetlands will be subject to regulation under Section 404 of the Clean
Water Act and will require permitting through the U.S. Army Corps of Engineers (USACE), and
may require permitting through the Idaho Department of Water Resources (IDWR) and/or the
Idaho Department of Environmental Quality (IDEQ). Under both federal and local floodplain
development standards (ECC Title 10), wetlands are not to be disturbed unless appropriate
mitigation measures are reviewed, permitted, and implemented.
Until an official wetlands delineation is completed and submitted to the City, the full regulatory
extent and impact on the proposed site design remains uncertain. If areas currently proposed for
development or access are found to contain wetlands, the applicant may be required to modify the
site plan to avoid, minimize, or mitigate those impacts. If these changes are substantial, the
applicant will be required to submit an application for a preliminary plat modification to be
reviewed and approved by the City Council. A formal wetlands delineation report identifying the
extent and location of all jurisdictional wetlands on the site should be completed and submitted to
the City prior to the submittal of a design review application.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on July 7,
2025, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
ten (10) individuals who indicated:
• The current owner of the property wants to provide new homeowners the assurance and pride of
owning property along the Boise River.
• There is a noticeable shortage of large lots in the Treasure Valley.
• This development would help provide home buyers more options and ease the pressure of housing
costs.
• It is exciting to see central services available on Eagle Island.
• Flooding concerns can be mitigated with the right engineering and design.
• The proposal is aligned with the City's long-term goals and the unique character of Eagle.
• Planning staff and engineers can be trusted to design and review the site appropriately as it relates
to flood concerns.
• Living in a floodplain or a heavily trafficked area is the buyer's choice.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by eleven (11) individuals who expressed concerns regarding:
• The adequacy, reliability, and long-term quality of centralized water service for the proposed
development.
• Increased risk of flooding to the property and surrounding area, particularly given the area's
history of significant flooding events in 2006 and 2017.
• Traffic congestion and public safety concerns associated with increased vehicular use of Hatchery
Road, Linder Road, and Artesian Road.
• The appropriateness of allowing development within the designated floodplain and potential
noncompliance with floodplain regulations.
• The overall density of the project (50 homes), which was viewed as excessive, incompatible with
surrounding rural land uses, and inconsistent with the Large Lot and Estate Residential
designations.
• The cumulative impacts of dense development on rural community character, including effects on
open space, tranquility, and lifestyle expectations of existing residents who purchased property in
reliance on rural zoning.
• Potential negative impacts on river quality, water resources, and local wildlife habitat.
• The future viability of Hatchery Road as an equestrian route, which may be lost if the proposed
development proceeds.
• The need for residential densities not to exceed one dwelling unit per acre to maintain the intent of
the Large Lot designation within the Comprehensive Plan.
• A lack of appropriate transition in density to adjacent properties, especially to the south, where
property size is required by Ada County to be a minimum of 5-acres.
• The necessity for an independent review of the compensatory flood storage report submitted by the
applicant.
• First-hand accounts of significant flooding during the 2017 flood event, which resulted in
residential properties partially submerged or inundated by floodwaters.
• A perceived lack of community support for the project, since the testimony in favor of the
application was predominately provided by individuals who are not Eagle residents.
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D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by one (1) individual who indicated:
• The Hart Davis Ditch Company has a ditch along the southern boundary of the subject property. A
representative from the Ditch Company has tried to contact the applicant to express concerns about
the ditch located on the property but has not received a response. The Hart Davis Ditch Company
is neutral regarding the proposed application but is concerned that their needs for continued
operation and maintenance of the ditch will not be acknowledged.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based on the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 00:04:00):
httns:"eagle-id.9-ranicus-corn nlaver/clip/2105
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN AMENDMENT:
The Commission voted 3 to 0 (McCauley recused, Smith absent) to recommend approval of
CPA-2025-04 for a Comprehensive Plan Future Land Use Map Amendment from Estate Residential to
Large Lot (instead of Neighborhood Residential, as requested by the applicant).
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 3 to 0 (McCauley recused, Smith absent) to recommend approval of A-2025-
03/RZDA-2025-04 for a rezone upon annexation from RUT (Ada County Designation) to R-2-DA-P
(Residential with a development agreement - PUD) with the following staff recommended conditions to
be placed within a development agreement, with underlined text to be added by the Commission and
strikethrough text to be deleted by the Commission:
3.1 The maximum density for the Property shall be -1,09 0.98 dwelling units per acre (50 45 single-
family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines, in its sole discretion, that any such changes require
additional public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Concept Plan and notice shall be
provided as may be required by the City.
3.4 The conditions, covenants and restrictions (CC&Rs) for the Property shall contain at least the
following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified and that the homeowner's association or other entity cannot be
dissolved without the express consent of the city.
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(b) An allocation of responsibility for repair and maintenance of the pressurized irrigation system
and all common landscape areas within the subdivision in a competent and attractive manner,
including the watering, mowing, pruning, fertilizing, and caring for grass, shrubs, and trees in
perpetuity.
(c) A maintenance manual for the private streets and secondary emergency fire apparatus road,
requiring the association to have the duty to maintain and operate the private streets and
emergency fire apparatus road including repair and replacement of asphalt and sidewalks,
including provisions for snow removal from the road and secondary emergency fire apparatus
road; and the planting and maintenance of the landscape planter islands within the subdivision,
in perpetuity.
(d) A requirement that the homeowner's association work with Veolia Water of Idaho to obtain a
contractor for the operation and maintenance of all fire hydrants located adjacent to the private
streets. The homeowner's association shall be responsible for forwarding all maintenance and
inspection records to the Eagle Fire Department annually.
(e) A requirement for all fencing located adjacent to open space and corner lots to be open -style
such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type
decorative fencing. The open style fencing located adjacent to all common areas shall be
wildlife protective style of fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall
be prohibited.
(f) A requirement that the 12-foot-wide pond maintenance and pressure irrigation easement located
around the irrigation pond shall remain clear of any encroachments.
A requirement that development (including fencing) within the floodway area is prohibited
unless certification by a registered professional hydraulic engineer is provided demonstrating
that encroachments shall not result in any increase in flood levels during the occurrence of the
base flood discharge, and uses within the floodway shall be restricted to those which are
required for public necessity.
(h) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and
within the required 25-foot-wide setback or riparian zone be maintained.
(i) A notification to property owners within Evian Subdivision that any development, construction,
or land disturbance proposed within the Special Flood Hazard Area (SFHA) on a buildable lot
may require an individual floodplain development permit, in accordance with the requirements
of Eagle City Code Title 10.
(j) Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Evian Subdivision. The CEP Funding Plan shall be executed by
the Owner and City prior to the City Clerk signing the final plat.
(k) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of
all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
(g)
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3.5 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho Fish & Game (if applicable), the Idaho Department of Water Resources (if applicable), and
any other appropriate government agencies, and shall be in accordance with the Eagle
Comprehensive Plan and City Code. Owner agrees all development and improvement of the
Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal
of the final development plan/final plat application.
3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on site. The report shall identify, at a minimum, species, size, and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees. No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if
proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or
similar amenities, 6) all proposed fencing throughout the development, and 7) street lights. The
design review application shall be reviewed and approved by the Eagle Design Review Board and
Eagle City Council prior to the submittal of a final plat application.
3.8 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable regulations and conditions of the
Eagle Sewer District prior to the City Clerk signing the final plat.
3.9 Owner shall provide proof of central sewer service to the proposed residential lots prior to the City
Clerk signing the final plat.
3.10 The owner shall connect the subject property to central water service prior to the City Clerk signing
the final plat.
3.11 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit "D".
3.12 To assure compliance with condition 3.11 herein, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
3.13 Each building permit application submitted to the City for any structure within the development
shall be accompanied by a written approval letter from the Architectural Control Committee.
Applications submitted without the required letter of approval shall be deemed incomplete and will
not be accepted for processing.
3.14 To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "D". If a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-1.
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3.15 Owner shall provide and construct all pathways and associated easements as identified in the Parks,
Pathways, and Recreation Commission Action Letter, dated June 23, 2025 (Exhibit "E"). The
pathways shall be constructed in accordance with City of Eagle standards. In lieu of immediate
construction, the Owner may provide a surety in a form and amount determined in accordance with
Eagle City Code Section 9-4-2-2, to guarantee completion of the pathway(s) prior to the City
Clerk's signature on the final plat.
The specific location and design of all pathways shall be approved by the Design Review Board
and the City Council prior to the submittal of any final plat application. The instrument number(s)
of the recorded easement or easements shall be referenced on the face of the final plat.
3.16 Owner shall provide secondary emergency access in accordance with the requirements of the Eagle
Fire Department. The secondary emergency access agreement shall ensure ingress and egress for
emergency vehicles and accommodate the evacuation of residents in the event of an emergency.
This agreement shall be recorded and the instrument number shall be referenced on the face of the
final plat.
3.17 Owner shall comply with all applicable provisions of Title 10 (Flood Control) of the Eagle City
Code. Until such time as a Letter of Map Revision Based on Fill (LOMR-F) is approved by the
Federal Emergency Management Agency (FEMA), the Owner shall be required to submit a
floodplain development permit for any development (as defined in Title 10 of the Eagle City Code)
proposed within the Special Flood Hazard Area (SFHA). No development within the SFHA shall
commence until the floodplain development permit has been reviewed and approved by the City.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 3 to 0 (McCauley recused, Smith absent) to recommend approval of
CUP-2025-02/PPUD-2025-02/PP-2025-03 for a conditional use permit, preliminary development plan,
and preliminary plat for Evian Subdivision with the following staff recommended site specific conditions
of approval and standard conditions of approval, with underlined text to be added by the Commission and
strikethrough text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application
RZDA-2025-04.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City, whichever occurs first.
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4. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an eight foot (8') wide landscape strip between the five foot (5')
wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed
so as to not interfere with the required placement of street trees. The applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements prior to the City Clerk signing the final plat.
Trees shall be installed prior to obtaining any occupancy permits for the homes.
A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of
the surety may be permitted for any portion of the development that is completed, including street
trees that have been installed. On -going surety for street trees for all undeveloped portions of the
development will be required through project completion.
5. Evian Subdivision shall remain under the control of one Homeowners Association.
6. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas within the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing, pruning, and caring for
grass, shrubs, and trees in perpetuity.
7. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final development plan/final plat application.
8. The applicant shall install one or more 4' x 8' subdivision sign(s) containing information regarding
the proposed development. The subdivision sign(s) shall be located along each roadway that is
adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public
right-of-way and remain clearly visible from the roadway. Sign(s) shall be installed prior to issuance
of a Notice to Proceed with Construction letter.
9. The following minimum setbacks, minimum lot width, and lot coverage requirements shall apply:
Front - Living 30-feet
Front — Garage (Front Load) 38-feet
Rear 30-feet
Interior Side 10-feet (first story) 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
Minimum Lot Width 75-feet
A minimum 100-foot (100') setback, measured from the edge of the designated floodway, shall
be maintained on Lots 21, 22, and 24-36, Block 1.
10. There shall be a twenty -five-foot (25') wide riparian zone easement measured landward from the
mean high water mark, in which no improvement or development is permitted and riparian vegetation
shall be maintained in its natural state for the protection and stabilization of the riverbank. Removal
of trees or vegetation within the riparian zone shall be regulated by the City of Eagle and the US
Army Corps of Engineers.
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11. The applicant shall submit a revised preliminary plat which includes a note identifying the lot and
block numbers of all buildable lots located within the Special Flood Hazard Area (SFHA) and stating
that future modifications or improvements outside the approved elevated pad area will require a
separate floodplain development permit. The revised preliminary plat shall also delineate the limits of
the area on each applicable lot covered by the subdivision -level floodplain development permit (i.e.,
the portion elevated out of the SFHA). This note and delineation shall also be shown on the face of
the final plat prior to submittal of a final development plan and final plat application.
12. The applicant shall provide documentation of a recorded sewer easement across an off -site property,
or other means acceptable to the City Engineer and Eagle Sewer District, sufficient to establish sewer
service to the subdivision. The applicant shall also provide written confirmation from the Eagle Sewer
District that the proposed method of service is acceptable and that adequate capacity is available to
serve the development prior to approval of a final plat and final development plan.
13. The applicant shall coordinate with Boise River Flood Control District #10 and provide written
confirmation from the District that an acceptable river access route has been identified to support
flood control inspection and maintenance activities. If access is proposed on -site, the final plat shall
graphically depict and reflect through a plat note the location and configuration of any required access
easement or shared -use corridor. If an off -site access point is proposed, the applicant shall provide
documentation demonstrating that an off -site route has been reviewed and accepted by FCD10 as
sufficient for their operational needs prior to submittal of a final development plan and final plat
application.
14. The applicant shall submit a formal wetlands delineation report identifying the extent and location of
all jurisdictional wetlands on the site prior to the submittal of a design review application.
15. The applicant shall comply with the site specific conditions as outlined in the Parks, Pathways, and
Recreation Commission action report, dated June 23, 2025. The required pathways and amenities
shall be completed with the first phase of development prior to the City Clerk signing the first final
plat.
16. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights -of -way abutting and within this site prior to approval of a final plat.
17. The applicant shall be required to provide a revised preliminary plat with a plat note that states, "This
subdivision is subject to the terms of ACHD License Agreement Instrument No.
." The revised preliminary plat shall be provided prior to submittal of a final
development plan and final plat application.
18. The applicant shall be required to provide a revised preliminary plat with a plat note that states, "A
portion of Lot(s) _, Block(s) _, is servient to and contains the ACHD storm water drainage system.
The lots are encumbered by the certain first amended master perpetual storm water drainage easement
recorded on November 10, 2015, as Instrument No. 2015-013256 within the official records of Ada
County, and incorporated herein by this reference as if set forth in full (the "Master Easement"). The
Master Easement and the storm water drainage system are dedicated to ACHD pursuant to Section
40-2302 of Idaho Code. The Master Easement is for the operation and maintenance of the storm water
drainage system." The revised preliminary plat shall be provided prior to submittal of a fmal
development plan and final plat application.
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19. The applicant shall provide a revised preliminary plat with plat note #12 revised to state, "Portions of
the subdivision are located within a Special Flood Hazard Area (SFHA) as identified on the Flood
Insurance Rate Map (FIRM), Panel Numbers 16001C0134J and 16001C0135J, (in effect at this time
of final plat approval) and are subject to the regulations of Eagle City Code Title 10, Flood Control.
Sheet flooding can and will occur and floods of greater magnitude may inundate areas outside of the
identified floodplain and floodway boundary lines" prior to submittal of a final development plan and
fmal plat application.
20. The applicant shall provide a revised preliminary plat with a plat note that states, "Driveways are
prohibited across all common lots." The revised preliminary plat shall be submitted prior to submittal
of a final development plan and final plat application.
21. The applicant shall provide a revised preliminary plat with a plat note that states, "Each owner within
the subdivision that is to be served by the private street is conveyed the perpetual right of ingress and
egress over the described private street, that such perpetual easement shall run with the land, and that
the restrictive covenant for maintenance of the private street cannot be modified and the homeowner's
association or other entity cannot be dissolved without the express consent of the City of Eagle."
22. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber Master
Plan. The applicant shall conduct a pre -application meeting with the City of Eagle Fiber Department
prior to submittal of a final plat application. Upon completion of the installation of the municipal
fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal
fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates
provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk
signing the final plat.
23. Basements are prohibited in residential structures located within the Special Flood Hazard Area.
The following conditions of approval (24 — 27) reflect requests made by the applicant for waivers or
deviations from standard code requirements, which are subject to City Council approval in
accordance with Eagle City Code:
24. If approved, a waiver of Eagle City Code Section 9-3-2-1(I) is granted with this application, and all
proposed residential lots are permitted to be served by private streets.
and approved by the Design Review Beard and City Council prier te- submittal of a final plat
27. If approved, a waiver of Eagle City Code Section 9-3-2-1(B)(2) is granted with this application, and
the design of the private streets within Evian Subdivision shall be acceptable as proposed.
The following conditions of approval (28-51) reflect the recommendation made by the City of Eagle
Parks, Pathways, and Recreation Commission at the meeting on June 19, 2025:
28. For all alignments in EXHIBIT B shown as NEIGHBORHOOD — 6', the applicant shall provide a
six-foot (6') wide asphalt pathway built to approved City standards, at a minimum.
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29. The applicant shall provide public access easements in favor or the City of Eagle for all alignments in
EXHIBIT B shown as NEIGHBORHOOD. Public use shall be limited to the pathway tread and
connecting facilities and equipment intended for pathway users which may include, but are not
limited to, benches, drinking water sources, dog bag dispensers/waste receptacles, and bike repair
stations.
30. The applicant shall construct a six-foot (6') wide Neighborhood Pathway within Lots 40 and 57, as
depicted in ORANGE on EXHIBIT B, in accordance with the City of Eagle Pathway and Trail
Design Standards (Resolution No. 23-19).
A fourteen -foot (14') wide public access easement shall be recorded over each six-foot (6') wide
Neighborhood Pathway, providing a minimum four -foot (4') margin on each side of pathway tread.
The recorded instrument number shall be referenced on the final plat.
31. The applicant shall construct five-foot (5') wide concrete sidewalks as shown in LIGHT BLUE on
EXHIBIT B. These sidewalks shall be constructed in accordance with Eagle City Code Section
9-4-1-7.
A fourteen -foot (14') wide public access easement, measured from the back of curb, shall be required
to encompass the entire sidewalk corridor, including the five-foot (5') sidewalk and the eight -foot (8')
wide planter strip.
32. The applicant shall construct a five-foot (5') wide sidewalk along the north side of West Hatchery
Road, as depicted in PINK on EXHIBIT B, in accordance with Eagle City Code Section 9-4-1-7.
33. All pathways shall be constructed, and a survey depicting the location of each pathway within the
easement must be submitted to the City prior to the City Clerk signing the final plat for each phase. If
the pathway has not been constructed at the time of final plat mylar signature, a surety may be
provided in accordance with Eagle City Code Section 9-4-2-2; however, the applicant shall still
survey the pathway location, record the associated easement, and provide the recorded instrument
number to the City upon completion of the pathway. The surety shall not be released until the
pathway has been constructed in accordance with City standards and the aforementioned
documentation has been submitted to the City.
34. All development shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle
City Code. A floodplain development permit shall be obtained prior to the commencement of any
development within the floodplain.
35. The applicant shall provide dog waste bag dispensers/waste receptacles (at locations agreed upon by
City staff in writing) at the time of a design review application submittal.
36. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts,
or where they are permitted by ACHD.
37. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight feet (8') to
eliminate sharp turns or blind corners.
38. Public trails and pathways that are anticipated to connect to an adjacent trail or pathway in the future
shall employ a cul-de-sac design at its terminus, as is described in detail in the CITY OF EAGLE
TRAIL AND PATHWAY DESIGN AND CONSTRUCTION STANDARDS. The public access
easement shall extend to the parcel boundary and allow possible connection to adjacent development
and allow the City, or City authorized parties, and adjacent developers, to make alterations within the
easement. Such alterations to elements include, but are not limited to, connection to other trails and
pathways, landscaping, fencing, irrigation equipment, and signage.
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39. If trails or pathways are to be maintained by the City, the applicant shall provide maintenance access
easements 25-feet in width in favor of the City of Eagle, with a minimum four -foot (4') margin on
each side of the pathway tread within any part of the easement where possible for all alignments
shown as "REGIONAL" and "COMMUNITY". These easements shall not limit the developer in
landscape design beyond the standards established in the trail and pathway standards and Title 9.
Staging and vehicle access locations shall be determined and included in the maintenance agreement
and related easements.
40. Easement provision language shall include the following: "The City of Eagle may construct, connect,
or continue within these easements, public pathways as part of future system expansion, and may
authorize staff, contractors, or neighboring developers to facilitate such improvements within these
easements from any boundary to another public pathway easement or easements, or to parcels
included in any public access agreement."
41. The applicant shall be permitted to obtain easements for pathway and/or trail construction that is
outside of the current project footprint as long as the integrity of the existing pathway and trail
network would not be compromised by any proposed additions and necessary realignments, as is
determined by City staff.
42. Public access easement agreements and an associated survey (that depicts the location of each
pathway or trail located within the easement) shall be submitted to the City prior to the City Clerk
signing the final plat associated with the first phase of the development.
43. Pathways and trails shall be constructed and a survey that depicts the location of each pathway or trail
located within the easement shall be submitted to the City, or a surety shall be provided, prior to the
City Clerk signing the final plat for each phase of development.
44. The applicant and future homeowners' association shall provide maintenance of all pathways, in
perpetuity.
45. Within all public access easements, the City shall reserve the right to display signage similar to what
is shown in Exhibit C below.
46. Maintenance vehicle access (for City maintained trails) is to be provided. Design to be approved by
the City in writing prior to the beginning of construction of that portion of the trail.
47. Hammerheads (for maintenance vehicle turnaround) shall be provided for all City maintained trails
where only one access is available or where a trail terminates without access to a public roadway.
48. Material staging areas for large maintenance projects shall be designed and documented, and
available for use within 30-days of written notice provided by the City, for any pathway that will be
maintained by the City.
49. Signage, including the physical form, materials, placement, and message, that the applicant or HOA
wishes to display within public access easement(s) must be approved in writing by the City.
50. The applicant shall provide and construct, in accordance with the provisions of Eagle City Code and
Resolution 23-19, a minimum ten foot (10') wide asphalt pathway which extends continuously to the
eastern and western boundaries of the Property, to ensure future connectivity with adjacent properties
and to support a comprehensive regional pathway system. The specific location and design of the
pathway shall be reviewed and approved by the City of Eagle Parks, Pathways, Recreation
Commission and City Council prior to the submittal of a Design Review application.
The asphalt pathway shall be located in a recorded easement or easements dedicated to and accepted
by Eagle as provided in Eagle City Code Section 9-4-1-6(D). The instrument number of the recorded
easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s)
wherein the pathway is located. No development shall be permitted within the designated Floodway.
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51. In conjunction with site specific condition of approval #50 herein, the applicant shall contact the
Idaho Department of Parks and Recreation (IDPR) staff responsible for Eagle Island State Park and
make a good faith effort to coordinate the identification of a feasible location of a future ten foot (10')
wide regional pathway that connects Evian Subdivision and Eagle Island State Park. The applicant
shall provide written documentation of such coordination efforts, including correspondence, meeting
notes, and any identified potential connection points, to City staff prior to submittal of a Design
Review application.
If a mutually agreeable connection point is identified, the applicant shall submit a revised preliminary
plat depicting the location, width, and tread of the proposed pathway prior to submittal of a Design
Review application. Nothing in this condition shall be interpreted to require the applicant to obtain
easement rights over land not under their control, nor shall it obligate IDPR to accept a connection.
However, the applicant must demonstrate to the City that reasonable steps were taken to evaluate and
facilitate the opportunity for a future greenbelt connection.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the house
front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground title
or other like satisfactory underground conduit to permit the delivery of water to those landowners
within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
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9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of
the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a surety
shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's
shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to
the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over
the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot
except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation wastewater
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way
unless such obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise
changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of
water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not
otherwise injure any person or persons using or interested in such ditch or their property; and (3)
satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and
certification shall be filed with the construction drawing and submitted to the City Engineer prior to
the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or
drain, used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, drainage district, drainage entity or
other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether
located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall
be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
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16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire
Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas,
storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved
by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the
City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle Parks, Pathways and Recreation Commission for a path
or walkway shall be approved in writing by the Eagle City Parks, Pathways and Recreation
Commission prior to approval of the final plat by the City Council.
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
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25. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
26. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance
of the building permit or as specifically approved and/or required".
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest submits application to the City of Eagle for a
change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-
6-5 [A][2]).
30. After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. In accordance with Eagle City Code, if a final plat application is not filed within two (2) years
following City Council approval the preliminary plat application shall be null and void, unless a time
extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
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37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or
equipment weighing 8,000 pounds or more, as measured by the Gross Vehicle Weight Rating
(GVWR). The submitted plan shall:
• Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to
utilize.
• State the days and hours in which heavy truck traffic is permitted to utilize the designated route(s).
• Maximize the use of highways and principal arterials while minimizing the use of local residential
streets.
• State that compression braking is prohibited everywhere in Ada County.
• Include certification that the Owner understands that they are responsible for continually
communicating the approved plan to all sub -contractors and for monitoring compliance.
A Heavy Truck Traffic Plan that corresponds with each phase of development shall be submitted at
the time of the submittal of a final plat application.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a "Notice to Proceed" with construction letter.
CONCLUSIONS:
1. The Commission reviewed the particular facts and circumstances of this proposed Comprehensive
Plan Amendment (CPA-2025-04) pursuant to Idaho Code Section 67-6509, the goals and objectives
of the 2017 City of Eagle Comprehensive Plan, and Section 11.3.1 "Amendment Process" of the
Comprehensive Plan. Based on the information provided and the testimony presented, the
Commission concludes that the proposed amendment — changing the Future Land Use Map
designation from Estate Residential to Large Lot Residential — is in accordance with the goals and
objectives of the Comprehensive Plan and supports the City's long-term vision for the Eagle Island
Planning Area because:
The proposed development includes a maximum density of 0.98-dwelling units per acre, which aligns
more closely with the intended range of the Large Lot Residential designation (1 unit per 2 acres to 1
unit per acre) than with the higher -intensity development patterns described within the Neighborhood
Residential designation (2-4 units per acre). In addition, the Eagle Island Planning Area within the
Comprehensive Plan identifies the provision of central services, such as water and sewer, as a key
concern for this part of the City. The applicant has initiated coordination with Veolia Water and the
Eagle Sewer District to extend these services to the site, addressing a longstanding infrastructure
objective in the area.
The Large Lot Residential designation is consistent with the densities and development patterns
envisioned for this portion of the Eagle Island Planning Area. The proposed development fits within
this density range and is further conditioned herein to preserve open space within environmentally
sensitive areas, including riparian corridors and wetland areas. These requirements are consistent with
the Comprehensive Plan's objectives to guide development away from sensitive areas and ensure that
mitigation is required where disturbance cannot be avoided.
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2. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-2025-03/RZDA-2025-04) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-2-DA-P (Residential with a development agreement —
PUD) is consistent with the Comprehensive Plan, contingent upon approval of the associated
Comprehensive Plan Amendment. The amendment would change the future land use designation
of the subject property from "Estate Residential" to "Large Lot," which supports residential
densities ranging from 1 unit per 2 acres to 1 unit per acre. The proposed density of 0.98-dwelling
units per acre (maximum 45 residential units), as limited by the development agreement, is
compatible with the density expectations outlined in the Comprehensive Plan for areas designated
as Large Lot Residential.
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities will be provided, as conditioned in the
development agreement, to serve all uses allowed on this property under the proposed zone.
Specifically, central water service will be provided by Veolia Water and central sewer service
will be provided by the Eagle Sewer District, subject to successful annexation into the District
and acquisition of necessary off -site easements. The applicant has initiated both the annexation
process and the coordination required to secure said easements. The Eagle Fire Department and
Ada County Highway District have reviewed the application and submitted written comments
outlining conditions of approval necessary to ensure adequate fire protection and compliance with
roadway standards. While roads internal to the project are proposed to be private, Hatchery Road,
which provides access to the development, is required to meet Ada County Highway District
specifications.
c. The proposed R-2-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the designated Floodway (north channel of the Boise River) to the north.
Development within the designated floodway and floodplain is limited pursuant to Eagle City
Code Title 10, which governs development standards in flood -prone areas. The proposed
development avoids direct disturbance to the floodway and incorporates design elements that
comply with floodplain regulations. In addition, the conditions of development and conditions of
approval herein include provisions to ensure compliance with floodplain development regulations
and preserve open space adjacent to the river corridor, thereby supporting compatibility with the
sensitive environmental conditions to the north;
d. The R-2-DA-P (Residential with a development agreement - PUD) zoning district is compatible
with the unincorporated residential zoning and land uses to the south, which include both higher -
density residential zoning (R6 — Ada County Designation) and rural residential parcels developed
at approximately five -acre lot sizes. The subject property is situated between these contrasting
land use patterns. With a proposed density of 0.98-dwelling units per acre, the development
serves as an appropriate transition between higher -intensity residential uses and the larger -lot
rural properties. This intermediate density supports compatibility with both zoning contexts and
promotes a balanced land use pattern consistent with the general residential character of the
surrounding area;
e. The proposed R-2-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the PS (Public/Semi-Public) zoning district and land use to the east, which is
developed as Eagle Island State Park. Although different in function, both land uses are low -
intensity and non-commercial in nature. The proposed residential density of 0.98-dwelling units
per acre is consistent with the intent of the Eagle Island Planning Area within the Comprehensive
Plan to maintain lower densities adjacent to designated public spaces;
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f. The R-2-DA-P (Residential with a development agreement - PUD) zoning district is compatible
with the unincorporated residential zoning and land uses to the west, which are primarily zoned
RUT (Rural -Urban Transition — Ada County designation) and include large -lot or rural residential
uses within Ada County. Although the proposed density of 0.98-dwelling units per acre is higher
than the densities of the adjacent properties to the west, the land use type remains residential in
nature. Given the overall low intensity of the proposed development and the similarity in use, this
difference in density is not expected to create adverse land use conflicts or functional
incompatibilities between the properties;
The land proposed for rezone is located within a "Hazard Area" and "Special Area" as defined by
the Comprehensive Plan, due to the presence of mapped floodplain, designated floodway
associated with the Boise River, and potential wetland areas. Development within these sensitive
areas is subject to all applicable local, state, and federal regulations. Floodplain development is
regulated pursuant to Eagle City Code Title 10, and the applicant is required to comply with all
provisions therein, including the condition that all structures be set back a minimum of 100-feet
from the floodway boundary. Any disturbance of wetlands must comply with applicable
regulations of the U.S. Army Corps of Engineers and shall not occur without proper review and
mitigation. Conditions of approval incorporated into the Development Agreement and this
decision require compliance with these standards to ensure appropriate protection of
environmentally sensitive features; and
h. Conditions established through the Development Agreement and Conditional Use Permit are
intended to ensure that the proposed development complies with the use allowances and
dimensional standards of the R-2 zoning district, thereby preventing the creation of any non-
conforming lots, structures, or uses;
The owner of the property has consented in writing to the annexation into the City of Eagle; and
j. The land proposed for rezone is contiguous to Eagle city limits along the eastern property
boundary.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CUP-2025-02/PPUD-2025-02/
PP-2025-03) and based upon the information provided concludes that the application is in accordance
with the City of Eagle Title 9 (Subdivisions) because:
a. The proposed PUD is in the public interest, advances the general welfare of the community and
neighborhood, and will not be detrimental to the economic welfare of the community. The project
introduces residential development at a gross density of 0.98-dwelling units per acre, which is
consistent with surrounding density patterns and the proposed Large Lot Residential
Comprehensive Plan designation. The applicant will bear all costs of development associated
with infrastructure development and extension, including water, sewer, and roadway
improvements, ensuring no undue burden is placed on the public.
b. The development will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity since the
lot sizes, minimum setbacks, and other dimensional standards will conform to the R-2 zoning
district as implemented by the development agreement, which ensures consistency with
surrounding land use.
c. The development will not be hazardous or disturbing to existing or future neighborhood uses,
since the development is residential in nature and is located adjacent to other residential and
public open space areas. The development is not expected to introduce new land use types or
intensities that would be incompatible with existing or future neighborhood uses.
g.
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d. The development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors. No commercial or
industrial uses are proposed, and residential development is not anticipated to generate impacts
beyond those typical of surrounding residential areas.
e. The development will be adequately served by essential public facilities, including law
enforcement by the Eagle Police Department, fire protection by the Eagle Fire District (subject to
compliance with Eagle Fire Department conditions of approval), and central sewer and water
services, which the applicant will be required to extend at their own cost. Street improvements to
Hatchery Road have been conditioned by ACHD, and no deficiencies in other public services
have been identified.
f. The development will not create excessive additional requirements at public cost for public
facilities and services, since all infrastructure and utility extensions are to be financed and
constructed by the applicant.
The preliminary development plan includes features that exceed typical subdivision standards,
including approximately 25% of the site preserved as open space. These features include a central
pond and an internal trail network, as well as designated preservation of sensitive environmental
features such as floodplain and wetlands, subject to final delineation and compliance with US
Army Corps of Engineers and Eagle City Code requirements.
h. Vehicular access will be provided by a network of internal private roads, with external access via
Hatchery Road. ACHD has reviewed the proposal and conditioned necessary frontage
improvements. No traffic impact study was required, and no significant off -site transportation
impacts have been identified.
The development is not anticipated to result in the destruction or loss of any natural, scenic, or
historic features of major importance. Development within the designated floodway is prohibited
pursuant to Eagle City Code Title 10, and structures will be set back a minimum of 100-feet from
the floodway boundary. Sensitive wetland areas will be preserved unless property mitigated in
accordance with applicable federal and local regulations. No other natural, scenic, or historic
features of major importance associated with these applications have been identified.
The proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan, as amended. The land use
designation within the Comprehensive Plan has been proposed for change to Large Lot
Residential, and the density, use type, infrastructure provisions, and open space preservation are
aligned with the goals and policies specified for the Eagle Island Planning Area.
k. The proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8. The development agreement
in conjunction with the conditions of approval herein ensure that the setbacks, lot sizes, and
dimensional standards will be maintained in accordance with Eagle City Code.
I. The applicant has not requested deviations from underlying zoning dimensional standards, but
proposes private roads throughout the site, which is permitted subject to Council approval. This
design feature, along with the project's open space and environmental preservation components,
supports the PUD as an appropriate tool for regulating land use in this area.
g.
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In case of large scale development (incorporating eleven (11) or more lots or dwelling units):
m. Public services shall be provided to the development including, but not limited to, fire protection,
police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The Eagle Fire Department will serve the development and has issued conditions of approval that
must be satisfied prior to the issuance of any building permits associated with this development.
Police Protection
Law enforcement will be provided by the Eagle Police Department.
Water Service
The applicant is coordinating with Veolia Water for central water connection and will extend
service at their own cost.
Sewer
Service will be provided by Eagle Sewer District upon completion of annexation and
infrastructure extension.
Road Construction
All internal roads are proposed to be private and will be owned and maintained by the Evian
Subdivision Homeowner's Association in perpetuity. ACHD has conditioned the improvement of
the frontage along Hatchery Road.
Open Space
Approximately 25% of the site is reserved for open space, including a central pond and trail
system.
Maintenance
Maintenance of all private infrastructure and open space areas will be the responsibility of the
homeowner's association, as conditioned herein.
Schools
Residential development is expected to be served by West Ada School District.
Solid Waste Collection
Service will be provided by Hardin Sanitation, in accordance with City requirements.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
p. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
Regulatory Takings Analysis Notice: Applicant has the right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
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DATED this 21s" day of July, 2025.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
e7,4-
Trent Wright, Chairman
Ali EST:
Tr
c E. '.born, Eagle City Clerk
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